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replacement of a guardian with a successor guardian, due to the event of the death or incapacity of the relative guardian. The eligibility of a child for a relative Title IV-E relative guardianship assistance payment under this subsection is not affected by reason of the replacement of the relative guardian with a successor legal guardian named in the guardian assistance agreement, including in any amendment to the agreement. A child in department custody is eligible for Title IV-E relative guardianship assistance if

(1) the child

(A) has been removed from the home of a parent or other specified relative who is the child’s legal guardian

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Page 1540

Official source

replacement of a guardian with a successor guardian, due to the event of the death or incapacity of the relative guardian. The eligibility of a child for a relative Title IV-E relative guardianship assistance payment under this subsection is not affected by reason of the replacement of the relative guardian with a successor legal guardian named in the guardian assistance agreement, including in any amendment to the agreement. A child in department custody is eligible for Title IV-E relative guardianship assistance if

(1) the child

(A) has been removed from the home of a parent or other specified relative who is the child’s legal guardian

(i)under a voluntary placement agreement; or#

(i) under a voluntary placement agreement; or

(ii)as a result of a judicial determination that remaining…#

(ii) as a result of a judicial determination that remaining in the home would be contrary to the welfare of the child; and

(B) is eligible for Title IV-E foster care maintenance payments under 42 U.S.C. 672 (sec. 472 of the Social Security Act) and 7 AAC 53.010 — 7 AAC 53.199 for a period of at least six consecutive months during which the child resided in the home of the prospective relative guardian;

(2) being returned to the home of a parent or other specified relative, or being adopted, is not an appropriate permanency option for the child;

(3) the prospective guardian is a relative of the child and has been approved under a guardianship home study conducted under AS 25.23.200;

(4) the prospective guardian’s home

(A) is licensed as a foster home

(i) under AS 47.32 and in compliance with the applicable standards and requirements of 7 AAC 50, including having a valid background check under AS 47.05.300 — 47.05.390 and 7 AAC 10.900 — 7 AAC 10.990; or

(ii) in another state and meets the criminal records check requirements of 42 U.S.C. 671(a)(20)(A) (sec. 471 (a)(20)(A) of the Social Security Act); and

(B) meets the applicable requirements of 42 U.S.C. 672 (sec. 472 of the Social Security Act), adopted by reference in 7 AAC 53.299, for receiving foster care maintenance payments for the care of a child who is eligible for Title IV-E foster care;

(5) the child demonstrates a strong attachment to the prospective relative guardian, and that guardian has a strong commitment to providing permanent care for the child;

(6) for a child who has attained 14 years of age, the child has been consulted regarding the guardianship arrangement in accordance with that child’s rights under AS 13.26.126;

(7) the child described in (1), (2), (5), or (6) of this section has one or more siblings not